KARTAR CHAND Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
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Sethi J. -
(1.) After knowing that his daughter Bimla aged 617 years was attempted to be ravished by the deceased, the appellant went to the house of the deceased Lakmi Chand and inflicted injuries with his axe, which resulted in his death. The appellant has been found guilty for the commission of offences punishable under section 302/451 R.P.C and sentenced to imprisonment for life and one year for the aforesaid offences respectively.
(2.) According to the prosecution, the accused had gone to the jungle alongwith other villagers in order to help Bishamber Dass for obtaining fire-wood required in connection with the marriage of the daughter of Bisbamber Dass on 22 3.1980. When he came back at his residence, he was informed by his wife Smt. Krishna that Lakmi Chand deceased had made his daughter Bimla to set close to him with bad intention. On hearing it the accused appellant went to the shop of Sardari Lal but did not find Lakmi Chand there where after he went to the house of Prabdayal where he found Lakmi Chand sitting there and asked him to accompany him to his house. Lakmi Chand went to his house where after appellant brought an axe from his own house and inflicted injuries on his person, which ultimately resulted in his death. Ashok Kumar the minor son of the deceased and Mst. Ambo saw the occurrence. Ashok Kumar informed Desh Raj Numberdar about the occurrence who lodged the FIR No. 47 of 1980 in Police Station Akhnoor.
(3.) In order to substantiate the accusations and the allegations made against the appellant, the prosecution produced Ashok Kumar, Hans Raj, Abdul Rahim, Isher Dass patwari, Smt. Ambo, Desh Raj, Dr. K.R. Gupta. The learned Sessions Judge classified the prosecution case into the following categories: (i) Motive; (ii) Eye witnesses of the occurrence; (iii) Medical evidence; (iv) Recovery of axe and other articles; (v) Defence evidence. The learned Sessions Judge vide the order impugned in the appeal found the appellant guilty for the commission of offences punishable under section 302/451 RPC and sentenced him as detailed hereinabove vide his judgment dated 86.1982.;
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